Created by Fuzzy Cloud

Patna High Court

TEJO PASWANversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of due to the appellant's death and the absence of any application by a near relative.

Summary

The appellant, Tejo Paswan, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a police letter, an SHO report, and a death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that a criminal proceeding abates on the death of the accused unless a near relative applies for leave to continue. No near relative filed such an application. Consequently, the court held that the appeal stood abated and ordered its disposal, directing the trial court record to be sent back.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant
  • Whether the provisions of Section 394 CrPC (and its counterpart Section 435 B.N.S. 2023) apply to abate the appeal
  • Whether a near relative must apply for leave to continue the appeal

Legislation cited

Subjects

  • criminal appeal
  • abated proceedings
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.537 of 2004
                 ======================================================
                 Tejo Paswan, S/o Late Lochan Paswan, R/o Village-Singhiya Ratanpur, P.S.-
                 Samastipur(M), Dist. - Samastipur

                                                                              ... ... Appellant/s
                                                  Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Prabhat Kumar Singh, Adv.
                 For the Respondent/s   :     Mr. APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   12-05-2026                 Perused the Letter No. 928 dated 09.05.2026 of the

                   Superintendent of Police, Samastipur along with the report

                   dated 10.05.2026 of S.H.O.-Karpurigram P.S., Samastipur as

                   well as the certificate of death dated 09.05.2026, issued by

                   Sarpanch, Block Samastipur, District Samastipur, Bihar,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant, namely, Tejo Paswan, is dead.

                               2. In view of the said letters as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

                   since no near relative has filed any application for leave to

                   continue the appeal, the Criminal Appeal stands abated and

                   disposed of.
             Patna High Court CR. APP (DB) No.537 of 2004(4) dt.12-05-2026
                                                         2/2




                                    3. Let the trial court record be sent back to the

                       concerned court immediately, if not required in any other cases.



                                            (Sangam Kumar Sahoo, CJ)


                                                   (Harish Kumar, J)
supratim/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.